Derbas (Migration)

The Administrative Appeals Tribunal considered an application by Mr Derbas for a Partner (Temporary) (Class UK) visa, subclass 820. The dispute concerned whether Mr Derbas met the criteria for the visa, specifically regarding the validity of his passport at the time of the decision.

The primary legal issue before the Tribunal was whether Mr Derbas satisfied Public Interest Criterion (PIC) 4021, as it relates to clause 820.223 of Schedule 2 to the *Migration Regulations 1994* (Cth). This criterion requires an applicant to hold a valid passport at the time of the decision. Mr Derbas's Lebanese passport had expired prior to the decision, although it was subsequently renewed.

The Tribunal reasoned that while the passport was expired at the time of the decision, the subsequent renewal meant that Mr Derbas now met the requirements of PIC 4021 for the purpose of clause 820.223. Accordingly, the Tribunal remitted the application to the Department of Home Affairs for reconsideration, with a direction that Mr Derbas satisfied this particular criterion.